"We do not have the authority to try a private citizen like former President Trump. Even if we did, he should have been accorded the protections of due process of law in his trial. And even if we assume he has been, the House Managers still did not prove that he committed incitement to insurrection, the specific crime of which he stands accused. This does not excuse President Trump’s conduct on and around January 6th of this year," Grassley said in a statement. "It satisfies my oath as a U.S. Senator in this court of impeachment. I therefore voted to acquit."--Sen. Charles Grassley
Senator Grassley's contentions above (and those of Senator Ernst below) attempt to provide a figleaf to cover their brazen political partisanship in voting to acquit Trump. Although its a post-morten inquiry (the case is dead), I believe the the inquiry worthwhile not for the understanding it brings to the case, but the revalation it provides about the individuals who passed this judgement, in particular Grassley, Ernst, McConnell, and the remainder of the Republicans senators who voted against conviction. I will go through both Grassley's statement (above) and Ernst's (below).
1. "We do not have the authority to try a private citizen like former President Trump." (Ernst and McConnell make similar contentions, see below.). This contention is wrong. The Senate has the authority under the Constitution. It has established precedent. (The Senate has exercised its impeachment power after an office-holder (albeit not a president) has left office.) And the Senate voted to approve this procedure in this case. (N.B. Trump was not tried earlier because McConnell refused to allow it while he remained Senate majority leader, which was until after the Biden-Harris inauguration). The Supreme Court has not ruled on this issue, and in the absence of a Court decision, the Senate has the power and responsibility to interpret the Constitution and its application in the present case. Also, the lop-sided weight of scholarly supports the exercise this power under these circumstances. But why? The ulitimate authority is the text of the Constitution itself, something that "conservatives" who probably fancy themselves "originalists" or "textualists" might try reading. Here's what the relevant text of the Constitution provides:
Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law. [Emphasis added.]
Article 1, sec. 3.
The word is "and"--"removal from office, and disqualification to hold and enjoy any Office of honr, Trust, or Profit under the United States . . . ." Both are penalities, and that one penalty can no longer apply (removal) does not entail that the second aspect of the penalty cannot or should not apply. This argument, that the Senate had not the power and authority to try Trump is pure hokum.
2. "Even if we did, he should have been accorded the protections of due process of law in his trial." What failure of "due process" (the requirement of a fair proceeding conducted by established rules) does Grassley refer to? Did anyone prevent Trump from coming to testify? Was the trial not conducted according to Senate rules? Was not an agreement about scheduling not reached by Leaders Schumer and McConnell? What utter horse hockey this allegation is!
3. "And even if we assume he has been [given due process], the House Managers still did not prove that he committed incitement to insurrection, the specific crime of which he stands accused." First all Senator, really, you've been in Congress since 1975--you're an insider and ought to have read and understood with Constitution better than this. The accusasion of "incitement to riot" is not a "crime"in this instance; it's an impeachable offense. Trump could still be charged and convicted of this crimes (see the Article 1 quote above). And you can claim that the House managers didn't prove their case, but in what particulars? Fifty-seven senators disagreed with you, seven of which were your Republican colleagues, with the result of the most lopsided conviction vote on record for a Presidential impeachment vote. (We've now had four impeachment votes regarding a president, two of them generated by Trump's actions, the first arose from his attempt to shake-down the Ukraine to get them to aid his re-election campaign; and the second for his big lie about the election, attempting to influence the count in Georgia, and inciting the violence at the Capital (again, using the big lie of the "stolen" elelction.)
4. "This does not excuse President Trump’s conduct on and around January 6th of this year." Yes, it does. To borrow from my wife the teacher: for misdeeds to provide lessons for future behavior, applicable to the perp and others who may come after him, there must be "consequences." Or, in the legal terms, punishment, even beyond the natural consequences of the act (such as a loss of prestige, honor, and so on--which of course has never influenced Trump's behavior). No, the 43 Republicans who voted against conviction (thus the failure to reach the required 2/3 vote) gives Trump and all who come after him a free pass for such rank and obvious misdeeds as we saw in this case. So much for Grassley (or Ernst) ever saying anything about "law and order" or "legal technicalities" ever again.
The one thing that I can say for Ernst is that she didn't attempt to put lipstick on her pig. She didn't vote to allow Trump's actions to go without reckoning and then attempt to condemn them, as did Grassley ("This does not excuse President Trump's conduct") nor the statements by McConnell and other Republicans who voted to give Trump a pass and then claim to have given him the equivalent of a dirty look. McConnell, along with Lindsey Graham, have moved political hypocrisy from a venial political sin to one worthy of the lowest rungs of Dante's hell, down with the fraudulant and the treacherous. (See below for McConell's finger-wagging at Trump after he acquited him.) Of course, McConnell is worried because the big Republican donors turned-off the money spiggots after the attack.The big donors realized that a majority of the Republican party would follow their Pied-Piper and tear down the government of the United States. This drastic action didn't sit well with the moneyed interests that call the shots for the party on the issues that the party unites around: taxes and regulations. McConnell, as he is so wont to do, speaks out of both sides of his mouth. Grassley parrots him; Ernst, who seems to drink the Kool-Aid without a king's-x held behind her back, has no desire to provide even a cursory condemnation of Trump after this exoneration by the Senate. This honey-badger of a senator just don't give a @#$%.
Ernst released a statement on Twitter saying in part: "The bottom line for this impeachment trial: Donald Trump is no longer in office, he is a private citizen."
Hypocrisy taken to new heights:
At least five Republican senators suggested that Trump was indeed culpable for the Capitol riots, while voting to acquit him on constitutional grounds:
- Senate Minority Leader Mitch McConnell (R-Ky.) excoriated Trump’s conduct in a speech after the vote and even suggested that the former president might be held criminally liable.
- The No. 2-ranking Senate Republican, Sen. John Thune (S.D.), said explicitly: “My vote to acquit should not be viewed as exoneration for his conduct on January 6, 2021, or in the days and weeks leading up to it. What former president Trump did to undermine faith in our election system and disrupt the peaceful transfer of power is inexcusable.”
- Sen. Shelley Moore Capito (R-W.Va.) emphasized that her vote was “solely” on the constitutional question, while adding: “The actions and reactions of President Trump were disgraceful, and history will judge him harshly.”
- Sen. Dan Sullivan (R-Alaska) said: “I condemn former president Trump’s poor judgment in calling a rally on that day, and his actions and inactions when it turned into a riot. His blatant disregard for his own Vice President, Mike Pence, who was fulfilling his constitutional duty at the Capitol, infuriates me.”
- Sen. Rob Portman (R-Ohio) added: “I have said that what President Trump did that day was inexcusable because in his speech he encouraged the mob, and that he bears some responsibility for the tragic violence that occurred.”
Not all of these statements directly suggest a vote to convict but for the constitutional question. Republicans have often drawn a line between criticizing Trump for his actions — even quite strongly — and saying he technically incited the mob that stormed the Capitol on Jan. 6.
But relatively few Republicans have actually vouched for or defended Trump’s conduct. Some put out statements that didn’t address the substance of the case at all, focusing instead solely on process issues or constitutionality. (This despite many legal experts saying that, because the Senate had voted affirmatively that it had jurisdiction, they had a duty to decide the case on the merits). Others faulted Trump less harshly than the above.
https://www.washingtonpost.com/politics/2021/02/14/trump-got-off-technicality/
For some additional insight, read this:
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